This is the fifth in a series of posts focusing on quotes from fiqh. These quotes were contained in the Offensive Jihad thread at FOMI.nu and are preserved in this Windows Help File.
The Caliph is obligated to attack Kuffar who reject the call to embrace Islam. Keep 8:39 & 9:29 in mind as the foundation of this obligation. The supremacism clause at the end of the first sentence reflects 9:33.al-Mawardi, d. 1058, shafi’i. al-Ahkam as-Sultaniyyah, övers. Asadullah Yate, The Laws of Islamic Governance (London 1996), s. 28, 60, 77-8, 200-1.
[The caliph must] make jihad against those who resist Islam after having been called to it until they submit or accept to live as a protected dhimmi-community – so that Allah’s rights, may He be exalted, be made uppermost above all [other] religion. […]
it is forbidden us to initiate an attack on the mushrikun while they are unawares or at night, that is, it is forbidden to kill them, use fire against them or begin an attack before explaining the invitation to Islam to them, informing them of the miracles of the Prophet and making plain the proofs so as to encourage acceptance on their part; if they still refuse to accept after this, war is waged against them and they are treated as those whom the call has reached.